Device For Correction Inconsistencies In Walls or Ceilings

ABSTRACT

Inconsistencies in walls or ceilings are formed when the walls and/or ceiling are out of level or square. This device compensates for the inconsistencies in walls and ceilings by providing a level and/or square surface to which wallboard or backer board may be attached.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application claims the benefit of U.S. Provisional Application No.61/836,825 filed on 19 Jun. 2013, which is incorporated in its entiretyby this reference.

FIELD OF THE INVENTION

This invention relates to a new device and method for correctinginconsistencies in walls and/or ceilings which are out of level orsquare, specifically a device and method of using the device thatenables the user to correct for the inconsistencies and provide a levelor square surface upon which to attach wallboard or backer board forwalls and/or ceilings.

BACKGROUND OF THE INVENTION

In modern construction methods, a building or room is usually framedwith wood or steel studs. Drywall is then mounted upon the studs to formthe finished interior space. However, these studs are not often laidtrue; ceiling studs or joists may not be perfectly horizontal, and wallstuds may not be perfectly vertical. Oftentimes an entire wall orceiling may be out of alignment, and each stud may be out of alignmentby a differing amount. When drywall or similar material is laid on topof these non-true studs, the drywall or other material may simply betrimmed to absorb the imperfection, and the defect will not beespecially noticeable.

However, when laying tile, cabinetry, or similar interior finishingmaterials on a wall or ceiling that is not square or level, it becomesmuch more labor-intensive to compensate for the imperfection.Imperfections become more problematic when installing finished work,such as cabinets, countertops, backsplashes, appliances, and tile work.When laying tile, it is possible to have the row of tiles adjacent tothe wall or ceiling absorb the imperfection. However, the lines of thetile then give an observer a reference to compare against, and theimperfections of the join becomes much more obvious. Leaving thedefective wall in place is then undesirable. There are several methodsavailable in the art to correct for this problem. However, all of themare either labor-intensive, expensive, and/or cause additional problems.

In one method of correcting for non-true studs (either wall or ceiling),an individual may remove the current drywall mounted to joists of theceiling or to studs of a wall. They may then attach a new wood or steelstud to the side of the existing stud or joist, commonly another 2×4stud, offset such that the attachment face of the new stud is properlytrue in the desired orientation. However, this causes several problems.Standard 2×4 boards are often not straight or are warped, and so addinga new one does not fix the problem. Additionally, lumber is expensive,and if significant correction is required it can add unanticipated costto the project, leading to cost overruns and exceeding the budgetedfunds. Thirdly, in standard construction, wall studs are spaced tocreate regular 16-inch on-center gaps between each stud. Plumbing,insulation, electrical, ducting, and other internal components aretypically sized to fit that standard gap. By reducing the gap by thewidth of the added stud (typically 1.5-2″), extra time and labor isrequired to re-size the interior pieces.

Alternately, one may use furring shims to correct the surface alignmentof a stud or joist. These furring shims are essentially strips ofcardboard, 1.5″ wide, 4 feet long, and 1/16th of an inch thick. One ormore furring shims are mounted to the face that must be trued; multiplelayers are required, and each is cut to a different length to fill theangled gap. However, this must be done with precision, and becomestime-consuming if multiple studs or joists must be fixed in this manner.

In U.S. patent application Ser. No. 12/832,175, we are taught a methodfor correcting edgewise deviations, when framing limber is crooked andpresents a cupped edge instead of a flat edge upon which wallboard isintended to be mounted. However, the device described in the '175 PatentApp. is only intended to provide a plane surface for warped studs and isnot intended to correct for imperfections in the placement of the studor rafter, such as when it has been secured at other than right angles.

There exists a need in the construction and remodeling industry for asimple, easy-to-use, and cost effective device that can correct for anyimperfection in the square of level of a stud or ceiling joist, whichsimultaneously provides a flat surface upon which wall board or backerboard may be attached.

BRIEF SUMMARY OF THE INVENTION

The present invention provides a device, and method of using saiddevice, for providing a square or level surface upon which to attachwallboard or backer board when the base wall or ceiling is out of levelor square.

As used herein, the terms “out of true”, “out of plane”, and “out ofsquare” are interchangeable and refer to when a stud or joist is not atright angles to the adjacent wall, floor, or ceiling.

As used herein the term “out of plumb” specifically refers to a wallstud which is not perfectly vertical or does not present a perfectlyvertical surface upon which to mount wall board or backer board.

As used herein, the term “out of level” specifically refers to a flooror ceiling joist which is not perfectly horizontal.

As used herein the term “stud” can refer to any beam or beam-like objectused in framing of a house, room, building, or other structure,including but not limited to 2×4 wooden boards, 2×6 wooden boards, steelstuds, or other framing materials. The term “stud”, while typicallymeant to refer to 2×4 boards used to frame walls of a structure, shouldalso be taken to include ceiling and floor joists unless clearly limitedby the context.

One object of the present invention is to provide a shim device thatcorrects for out-of-true studs in walls or ceilings.

Another object of the present invention is to provide a shim device thatpresents a flat face upon which wallboard and/or backer board may bemounted.

When remodeling existing structures, it becomes important to work aroundexisting electrical wiring, plumbing, and/or other lines which extendthrough the frame walls or ceilings. Any corrections or attachments mustavoid the existing lines. Accordingly, a further object of the presentinvention is to provide a shim device that does not interfere with ormay easily be modified to accommodate existing or future electrical,plumbing, and/or other lines.

Specifically, this invention comprises a shim comprised of a mountingface and a flat face which are at right angles to each other, the flatface being on a flange that is equal to or less than the width of theframe member to which it attaches, such that the mounting face can befixed to the out of true stud or joist providing a flat face upon whichwall board or backer board may be attached.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a lateral view of one embodiment of the shim, depicting onemethod of installing the device on a stud which is out of plumb.

FIG. 2 is an enlarged isometric view of one embodiment of the shim,showing a plurality of attachment holes.

FIG. 3 is an enlarged lateral view of one embodiment of the shim,showing a method of attaching said shim to a stud.

FIG. 4 is a partial, cut-away view of a wall, showing shims of thepresent invention attached to several out-of-plumb studs, as would beused when correcting the angle of an entire wall.

FIG. 5 is a cross-section view showing how wallboard is to be attachedto the flat face of the shim.

DETAILED DESCRIPTION OF THE INVENTION

The following description of the preferred embodiments of the inventionis not intended to limit the scope of the invention to the preferredembodiments, but rather to enable any person having ordinary skill inthe art to make and use the invention. As used in the specification andthe claims, the singular articles “a”, “an”, and “the” should beunderstood to include plural referents unless clearly limited by thecontext.

The invention described herein is intended to be used both in newconstruction and in remodeling existing construction. When remodeling,older building codes, natural shifting, damage, settling, and/or othercauses can lead studs and walls to become out of alignment. Even in newconstruction, it is common to find studs out of true when framing iscompleted and interior finishing work begins. In many cases, an entirewall will have been built out of plane, and each stud may be out ofplane by different degrees compared to adjacent studs.

FIG. 1 shows one embodiment of the shim 10 attached on to an out-of-truestud 30. In this embodiment, the shim 10 is 8 feet long, the same lengthas a standard 2×4 stud 30, such that it extends the entire distancebetween the double top plate 32 and the bottom sill plate 34. The anglebetween the shim 10 and the subfloor 36 should be exactly 90°.

FIG. 2 depicts an enlarged view of one preferred embodiment of the shim10 of this invention, shown in relation to an out-of-true stud 30. Inthis preferred embodiment, the shim 10 has a mounting face 20 which ispositioned along one side of the stud 30. The mounting face 20 is shapedin a conventional truss configuration 22, which allows the shim 10 to beeasily cut and positioned around electrical, plumbing, and/or otherutility lines. The mounting face also includes a plurality of attachmentholes 26, with which one can fasten the mounting face 20 to the stud 30via any desired fastening technique, for example a screw. The mountingface 20 also contains a near border 28 which attaches at right angles toa flange 12 which includes the flat face 14 on which wall board or otherinterior finishing may be attached.

FIG. 3 depicts an enlarged view of one preferred embodiment of the shim10 attached to an out of true stud 30 or ceiling joist. In thisembodiment, the mounting face 20 comprises a truss configuration 22 witha plurality of cutout holes 24, a plurality of attachment holes 26, anda near border 28 to which the flange 12 connects. The shim 10 is securedto the stud 30 or joist by way of screws 40 through only the attachmentholes 26 that overlap the side face of the stud 30 or joist.

FIG. 4 depicts a partial cut-away view of a wall which has been finishedusing the device and preferred method of use described herein. Each outof true stud 30 has a shim 10 secured to it as described herein. Theshim 10 extends to the top of the stud 30, nearly touching the doubletop plate 32. The wallboard 38 is attached to the shims 10 byself-tapping screws 42.

FIG. 5 depicts a cross-section view of one method of use. The shim 10 isattached to the out of true stud 30 such that the flange 12 presents avertical flat face upon which to mount the wall board 38. Where thedeviation of the stud 30 from the flange 12 is less, depicted here onthe bottom of the drawing, the self-tapping screws 42 can penetratethrough the wall board 38 and the flange 12 into the stud 30 beneath.Where the deviation is greater, depicted here at the top of the diagram,the self-tapping screws 42 do not reach the stud 30. In the embodimentpictured, there is no truss configuration on the mounting face.

In the present invention, the shim 10 may be mounted to a stud 20 tosquare a wall. The shim 10 may also be mounted to a joist to square orlevel a ceiling. To mount the shim 10 to the stud 30 or joist, one firstholds the mounting face 20 against the side of the stud 30. Then, onemoves the shim 10 relative to the stud 30 to position the flat face 14as desired, for example perpendicular to level. Then one fastens themounting face 20 of the shim 10 to the stud 30 via any desired fasteningtechnique. In one embodiment, the fastening technique may use screws 40through the plurality of attachment holes 26. In another embodiment, theshim 10 may further include a fastener tab like the one described in'175 Patent Application, which would allow the user to quickly andtemporarily secure the shim 10 to the stud 30 or joist, freeing up bothhands for retrieving and installing more permanent attachments such asscrews 40.

Once the shim 10 is mounted to the stud 30, one may then mount a panelof wallboard 38 sheet rock or drywall to the flat face 14. With thewallboard 38 mounted to the stud 30 via the shim 10, the wallboard 38should then be square and/or level with the floor and thus make iteasier for the person laying tile or other finishing work on the wallsand/or adjacent walls, floor, and/or ceiling to quickly lay the tileand/or other finishing work adjacent to the corrected wall.

The shim 10 may be manufactured out of any desired material capable ofwithstanding the loads encountered while in use. For example, in thepreferred and other embodiments, the shim 10 may be made of a metal suchas sheet metal. In other embodiments, the shim 10 may be composed of acomposite material, such as layers of woven fiberglass joined withadhesive. In still other embodiments, the shim 10 may include wood. Infurther embodiments, the shim 10 may be comprised of polymers. In stillfurther embodiments, the shim 10 may be comprised of any otherarchitecturally-compatible material or combination of materials. In thepreferred embodiment, the shim should be constructed out of a flatsteel, between 3-gauge and 36-gauge steel, preferably between 11-gaugeand 20-gauge thickness, such that it is strong enough for the intendedpurpose and yet thin enough to cut with commonly available equipmentsuch as tin snips.

The mounting face 20 of the shim 10 may be configured as desired. In thepreferred embodiment, the mounting face 20 includes a trussconfiguration 22 with a plurality of cut-out holes 24 and a plurality ofattachment holes 26. The truss configuration 22 provides structuralstrength while allowing for easy fitting to existing shapes. However,the mounting face 20 may contain a plurality of cut out shapes inaddition to or instead of the desired triangles, including but notlimited to circles, squares, rectangles, and/or other regular and/orirregular polygon shapes and/or combination of shapes. In otherembodiments, the mounting face 20 may be a solid material such as aplate or sheet, with a plurality of attachment holes 26 but no cutoutholes. In another embodiment, the mounting face 20 may be a solidmaterial such as a plate or sheet, with neither cutout holes norattachment holes, and the mounting face 20 must be secured to the stud30 using self-tapping screws 42 or another appropriate attachmentmethod.

In the preferred method of use, the truss configuration 22 combined withthe preferred 11-20 gauge steel allows the user to quickly and easilyuse standard equipment such as tin snips to cut out sections of themounting face 20 of the shim 10 in order to accommodate existing and/orfuture utility lines, such as electrical, plumbing, and/or other utilitylines. In alternate embodiments of the method, any saw with ametal-cutting blade, metal power shears, or any other device designed tocut metal, or other appropriate tool may be used.

In the preferred embodiment, the flange 12, which includes the flat face14, extends 90° from the rail or near border 28 of the mounting face 20to form an “L” shape with the mounting face 20. In another embodiment,the flange 12 may extend from the rail or near border 28 of the mountingface 20 to form a “T” shape with the mounting face 20.

In the preferred embodiment, the flat face 14 is a solid material. Inthe preferred method of use, self-tapping screws 42, screws that have adrill bit-like tip and are manufactured to screw straight into steel,are used to attach the drywall, backer board, or other wall board 38 tothe flat face 14 of the shim 10 once the shim 10 is mounted to the stud30. In other methods of use, the screws are long enough to penetratethrough the shim 10 to the stud 30 below, however, the extra length isnot necessary. In other methods of use, any other appropriate securingdevice may be used to attach the wallboard 38 to the shim 10.

In the preferred embodiment, the shim 10 may be sized as desired. In onepreferred embodiment, the width of the flat face 14 is 1.5 inches andthe width of the mounting face 20 is 3 inches, and as such the device issized to fit a standard 2×4 framing stud. In other embodiments, the shim10 may be sized to fit 2×6 studs or any other size of stud commonly usedin framing. In the preferred embodiment, the flat face 14 and themounting face 20 should be oriented at 90° from each other, and thecorner between the flat face 14 and the mounting face 20 should comprisethe least possible radius allowed by the material.

The shim may also be provided in various lengths as desired. Forexample, in the preferred and other embodiments, the shim 10 includes alength that is at least 90% of the length of the stud 30. In otherembodiments, the shim is provided in 8 foot (96″) lengths, as that isthe typical floor-to-ceiling height in modern construction. In anotherembodiment the shim can be provided in 1 foot lengths, and multipleshims may be used end-to-end over a non-standard distance. In stillother embodiments, the shim 10 may be provided in lengths greater than 8feet, including but not limited to 10 feet, 12 feet, and 16 feet.

In all methods of use, the shim 10 may be cut to shorter lengths ifdesired or if required to fit the space to be corrected. In thepreferred method of use and materials, the shim 10 may be cut to lengthby tin snips. In an alternate method of use, the shim 10 may be cut byany other standard construction equipment, including but not limited toa saw, a saw with a metal-cutting blade, metal power shears, or anyother equipment appropriate for the material. In alternate methods ofuse multiple shims may be used end-to-end in order to correct adeviation over a distance which is longer than the shim 10. Being ableto cut the shim 10 short or use multiple shims to cover a longerdistance is especially useful for correcting linear deviations inceiling studs or joists. In modern construction, walls are a standardheight. However, ceilings may be any length or width, depending on thespace available, and do not conform to standard dimensions. Thereforebeing able to easily customize the length of a shim 10 is especiallyuseful.

In the preferred method of use, the user would first identify thesection of the out of true stud 30 that is furthest out of plumb. Thenthe shim 10 is placed parallel with the stud 30, such that the mountingface 20 is flush with one side of the stud 30 and the inner face of theflange 12 is in contact with the portion of the front face of the stud30 that is furthest out of plumb or level, and held in place manually.The shim 10 is then adjusted, preferably by rotating and/or sliding themounting face 20 along the side of the stud 30 until the flat face 14 ofthe shim 10 is plumb or level as desired. The mounting face 20 of theshim 10 is then secured to the stud 30 using screws 40 through theattachment holes 26. However, any other method of placing and attachingthe shim 10 to the stud 30 such that the flat face 14 ends up plumb orlevel is an acceptable method of use.

In some cases, it may be necessary to adjust the plumb or level of anentire wall or face by attaching at least one shim to each stud or joistwithin that face. In one method of use, a shim 10 is attached to thestud 30 that is furthest to either the left or the right side of thewall and the shim 10 is adjusted until the flat face 14 is plumb orvertical. Then a second shim 10 is attached to the stud 30 that isfurthest to the other side of the wall and adjusted until plumb. In onemethod of use, a straight edge which is at least as long as the distancebetween the first two shims 10 is placed against the two flat faces 14.Then shims 10 are attached to the remaining studs 30, one at a time, andadjusted to plumb against the straight edge. In an alternate method ofuse, one string, line, or other flexible material may be tied, clipped,or otherwise attached to the top of the first shim 10 and the top of thesecond shim 10 such that it marks a straight line between the two shims10. A second string may then be attached between the bottom of the firstshim 10 and the bottom of the second shim 10. More shims 10 may then beattached to the remaining studs 30, one at a time, and adjusted untilboth plumb and level to the marking strings. This method ensures thatall shims 10 are on the same plane in addition to being in plumb.

The invention disclosed herein has been described in terms of preferred,alternate, and optional embodiments, all of which meet the objectives ofthe present invention as described above, and which provide a device forcorrecting inconsistencies in walls and/or ceilings by providing a flatand level or square surface upon which wall board and/or backer boardmay be attached. One of ordinary skill in the art may contemplatevariations of, modifications of, and alterations to the presentinvention which do not differ from the scope and spirit of theinvention. It is therefore intended that the invention not be limited byany of the preferred embodiments described herein but only by theclaims.

What is claimed is:
 1. A device for correcting inconsistencies in wallsor ceilings, comprising: a. A mounting face which is capable of beingattached to a stud, joist, or other framing member; and b. A flat facewhich is capable of being attached to wallboard, backer board, or otherinterior finishing material; wherein c. The mounting face and the flatface are joined at right angles to each other along their longer edges.2. The device of claim 1, wherein said mounting face further comprises:a. A truss configuration; b. A plurality of openings; c. A plurality ofattachment holes; and d. A solid border on the edge which connects tothe framing member
 3. The device of claim 1, wherein the device is sizedto fit a standard framing member.
 4. The device of claim 3, wherein thedevice is essentially equal in length to the framing member to which itis attached.
 5. The device of claim 3, wherein the device is shorterthan the framing member to which it is attached
 6. The device of claim3, wherein the device is specifically sized to fit a 2×4 framing stud.7. The device of claim 6, wherein the mounting face is between 2 and 4inches wide and the flat face is between 1 and 2 inches wide.
 8. Thedevice of claim 7, wherein the mounting face is preferably 3.0 incheswide and the flat face is 1.5 inches wide.
 9. The device of claim 1,wherein the mounting face and the flat face form an “L” shape incross-section.
 10. The device of claim 1, wherein the mounting face andthe flat face form a “T” shape in cross-section.
 11. The device of claim1 which is a metal shim.
 12. The metal shim of claim 11, wherein themetal shim is comprised of between 3-gauge and 36-gauge thickness steel.13. The metal shim of claim 12, wherein the metal shim is preferablycomprised of between 11-gauge and 20-gauge thickness steel.
 14. A methodof compensating for inconsistencies in walls and/or ceiling by using atleast one shim, the steps of the method comprising: a. Identifying thesection of a framing member that is furthest out of plumb or level; b.Placing the mounting face of said shim along the side of said framingmember; c. Adjusting the flat face of said shim to plumb or level bysliding and/or rotating said entire shim along said mounting face; andd. Securing said mounting face to said framing member; e. Wherein saidshim comprises a mounting face and a flat face which are joined at rightangles along their longer edges.
 15. The method of claim 14, the stepsof the method further comprising: a. Placing the mounting face of theshim along the side of the framing member such that the inner face ofthe flange contacts the portion of the stud that is furthest out ofplumb or level; and b. Adjusting the flat face of the shim to plumb orlevel by sliding or rotating the entire shim around the contact pointbetween the stud and the inner face of the flange.
 16. The method ofclaim 14, wherein said shim is comprised of 11-gauge to 20-gaugethickness steel.
 17. The method of claim 16, wherein said metal shim issized to fit a standard framing member such as a 2×4 stud
 18. The methodof claim 17, wherein said metal shim is preferably 3 inches wide on themounting face, 1.5 inches wide on the flat face, and 7.5-8 feet long.